Posts Tagged ‘dnd’

Once again, after winning in Federal Court, our battle has been extended by Treasury Board Secretariat. We find ourselves having to take TBS back into Federal Court to finalize our claim for Home Equity Assistance. Our family has carried this load for 5 years now, won our grievances and won in federal court, but TBS continues to SPEND YOUR TAX DOLLARS denying our entitlements.

The only way we can get accountability is by voting, and taking them to court.

We are once again asking for financial support to assist with this legal battle, so that the TBS will be held accountable to follow their own policies, instead of getting away with the use of Blanket Denials for hundreds of Canadian Military families. Details available at www.healoss.wordpress.com

On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating Canadian Forces members who lose money on the sale of a house due to a posting was unreasonable.

McInnes Cooper’s Dan Wallace represented Canadian Forces Major Marcus Brauer in the first Canadian court challenge of the Treasury Board’s interpretation of this policy. Major Brauer lost $88,000 when he was reposted and forced to sell his home in Bon Accord, Alberta (40 km north of Edmonton). The policy says the Secretariat will reimburse members who sell their home at a loss for 100% of the loss – if the Secretariat decides the “community” is in a “depressed market”.

For two years, Major Brauer pursued full reimbursement of his loss through the Canadian Forces and Treasury Board’s internal processes on the basis Bon Accord is a community in a “depressed” housing market. However, the Secretariat maintained that Major Brauer’s community was the entire Edmonton Metropolitan Area – not Bon Accord – which was not “depressed”, so he was not entitled to full reimbursement for his loss under the policy. Major Brauer’s only recourse was to ask the Federal Court to review the Board’s decision, find it unreasonable, and order it to reconsider it. The Federal Court did just that:

Reasonableness. For the first time, a Court decided that the Treasury Board’s decisions interpreting this policy must be reviewed on a standard of reasonableness (as opposed to correctness).

Unreasonable Interpretation. The Court decided the Treasury Board’s interpretation of the word “community” for the purpose of deciding whether the market was “depressed” would render the policy virtually meaningless – and was unreasonable.

Reconsideration. The Court did not have the power to apply the policy, so did what it could: ordered the Treasury Board Secretariat to reconsider Major Brauer’s request – but also that the “community” is Bon Accord.

Legal Costs. In a rare move, the Court also ordered the Federal Government to reimburse Major Bauer for 100% of his legal costs – a higher scale than that which courts normally order.

I have been away from the computer lately, as I have had to change jobs after 26 years. Seems that a few supervisors wanted to peek into my medical records, and they got caught. My first day back at work and I got my posting message. I could not make this stuff up!

The following link provides the current details on the Government of Canada’s latest attempt to delay and deny the relocation entitlements ordered by the Federal Court of Canada.

I encourage all military families to have a look at the lengths that the government is going through to deny us entitlements on relocations. $73,000 equity loss, over $250,000 in losses, health, career, QOL etc.

Comments welcomed. Assessments of the Government’s motion to strike are also welcomed by the layperson, barrack room lawyer and Barrister alike.

If you think you are affected, you may contact the legal team directly at: HEAClassaction@mcinnescooper.com

As posting season is upon us, I have had multiple requests from military members who are expecting to loose a great deal of equity on their home sale. Luckily, the CAF has the Canadian Forces Integrated Relocation Policy which

Each request can cost $5, so include a cheque (usually reimbursed if you are requesting information about you only).

What to expect: I have experienced that each department will reveal different information to you. Often the ATI officer will call and ask to reword the request to save work/time, stand your ground and ensure you are NOT watering down your request. If you encounter long delays there is an office which can help resolve. For example, DND and TBS both withheld information from me using various excuses. Also information was blacked out or “under review” by another department, and never actioned. With the assistance of the Office of the Information Commissioner you can get help with some of these roadblocks.

So, you need information about your last relocation as you are expecting to take a large (over $15,000 hit) on your equity? Here are some sample ATI’s for your use as you see fit:

“All memoranda, reports, emails, briefing notes, minutes of meetings held within DND and any letters to or from Treasury Board for the period 1 January 2009 to 5 August 2012 on the subject of 100% Home Equity Assistance, depressed markets or policy clarification as it applies to Edmonton and surrounding communities (e.g. Bon Accord, Morinville, St Albert).
DGCB definition of ‘community’ as it applies to the relocation policy used within IRP (e.g. E-mail Thursday, 5, July, 2012 09:43 AM LCol Gash-LCol Raney). Any communications between DCBA/DGCB and TBS demonstrating an effort to resolve the issue of defining “community” as it applies to the CF IRP. Spreadsheet, printout or any document that would show the number of claims submitted, and approved under the Home Equity Assistance (100%) between 1 January 2009 and 5 August 2012″.

“Between 2006 and Aug 2012, all memos, reports, emails, briefing notes, minutes, internal and external correspondence regarding Home Equity Assistance, Bon Accord, {Major Brauer}, and the definition of ‘community’ as it applies to relocation policy. Any documentation on depressed markets, and policy clarification of Home Equity Assistance administration of IRP”.

Drop a line if anyone needs further guidance/assistance. Do note that there are discussions that ATI requests may increase from $5 to $250 each. I myself have been advised that my last ATI would cost hundreds/thousands – but this is my information and I have a right to access it. Without having access to our own personal information, I would not have discovered that we were being cheated out of our entitlements!

Hon. James S. Cowan (Leader of the Opposition): Honourable senators, my question is for the Leader of the Government in the Senate and pertains to the proposed increased user fees for Access to Information requests.

Last Thursday, Information Commissioner Suzanne Legault testified before the House of Commons Access to Information and Ethics Committee on the funding crisis facing her office. In response, a number of Conservative Members of Parliament proposed that the solution to the office’s lack of funding would be to increase the $5 user fee charged for ATIP requests. Erin O’Toole, Member of Parliament for Durham, recommended that the government increase the fees charged to ordinary Canadians from $5 to $25 for each request, and to $200 per request from businesses, including commercial news organizations. This would mean that Canadians would be paying $25 to learn whether Mr. O’Toole’s predecessor had charged $16 for a glass of orange juice.

The Information Commissioner made it clear that increasing the cost of ATIP user fees was not, in her opinion, a good idea. She said:

. . . it is not my office that is in a crisis, it is the fact that Canadians’ right to access government information is in jeopardy, that is the real issue . . .

When your Prime Minister came to power in 2006, he promised to usher in a new era of openness and accountability. His exact words were:

We promised to stand up for accountability and to change the way government works.

Can you explain why the government is even considering charging Canadians more for information which by law belongs to them? If the government does increase user fees, does this not negate completely the government’s claim to be more open and transparent and accountable than its predecessors?”

A five year battle is playing out in the Canadian court system. Systematically denied relocation entitlements have left military families destroyed, homeless and bankrupt. The Treasury Board of Canada has already been caught in Federal Court however they continue to attempt to engineer a solution which will save a few bucks, and prevent soldiers from getting their entitlements. The entire case can be found here: http://www.courts.ns.ca/Supreme_Court/documents/Statementofclaim.pdf

Today was one of the most difficult days so far. Submitted my application for compassionate status (a career ender) and I am coming to the conclusion that no matter how much I sell, how hard I work or how many jobs I take, I cannot repay the money. The most frustrating part, is that it is not my fault. I’ve been carrying the HEA debt since 2010 and using all finances to buy time. Since it has been five years and TBS continues to delay and deny, I am left with little else to do but declare. Why did I not declare earlier? Here are a few reasons:

Loss of perfect credit score for 7 years;
resultant inability to relocate in future, inability to loan or co-sign loans for 5
school aged children (jeopardizing their future);
places the focus of blame on the individual, not the CAF/TBS;
subjected to repossessions and harassing collection agencies;
further personal and family humiliation;
it is against my families beliefs to pass debt onto the taxpayer; and
added stressors to an already stressful situation.

All this time, work and effort – at what price? The Treasury Board of Canada has worn me down, destroyed my life and the lives of my family.

Please take a minute to read the attached and tweet to the President of the Treasury Board for his attention (I’ve been blocked for some reason). Lets not waste any more taxpayer’s money fighting our own forces: @TonyclementCPC

HEA Timeline Presentation
This presentation is made to assist with the sharing of information on the systemic denial of Home Equity Assistance by Treasury Board Secretariat

Access to Information Requests

A201000410
Correspondence sent by R. Singh regarding the Integrated Relocation Program and all correspondence between R. Singh and his superior officers, his deputy minister and others for the period of June 1, 2008 to October 29, 2010.

A201101059
All documents relating to the Litigation Management Unit that have been received or sent by Michelle d’Auray, Daphne Meredith, Andrew Saxton or Tony Clement from June 1, 2011 to March 15, 2012.

A-2010-01371
Original and complete text used by CDS to render his decision on Grievance Case Summary 2010-043 dated 16 Sept 2010.

A201100175
Background briefing notes prepared by the Treasury Board Secretariat for the new President, the Honorable Tony Clement.

A201000690
Copy of the current contract for relocation services between the Royal Canadian Mounted Police, Brookfield Global Relocation Services and Treasury Board Secretariat.

A-2010-00699
Communications from TBS re: applications for Home Equity Assistance in a depressed market (2007-2010). Number of CF members who have applied for + granted 100% HEA during this time. Any policy clarification or research studies on depressed markets.

A201000469
Copy of the following documents: the Crown Liability and Proceedings Act; Debt Write Off Regulations; Treasury Board Policy on Claims and Ex-Gratia payments; and the Treasury Board Risk Management Policy.

A201000295
Copies of 47 briefing notes on various issues sent to the President of the Treasury Board.

ATI A-2012-00942
All memos, reports, emails, briefing notes, minutes of meetings held within DND and any letters to or from TBS between 1 Jan 09-5 Aug 12 on the subject of 100% HEA, depressed markets or policy…

Relocation funds reported to be shifted to Mental Health
additional funds for mental health were transferred from the military relocation envelope shows the government is making up a “patchwork” strategy on the fly, he said, calling MacKay’s announcement “pre-emptive damage control.”

Definition of Community
The following is a description of one of the communities in question (Bon Accord, Alberta) which is, in accordance with Federal, legal and logical definitions, a community as required in the CFIRP HEA policy. This information was provided to TBS as part o

Donations
Although we won in Federal Court, the Treasury Board continues to deny payment. Please support our second attempt at justice.

Legislation

Bill C-15
Strengthening Military Justice in the Defence of Canada Act-An Act to amend the National Defence Act and to make consequential amendments to other Acts

PC Number: 2012-0861
PC Number: 2012-0861: His Excellency the Governor General in Council, on the recommendation of the Treasury Board and the Minister of National Defence, makes the annexed Canadian Forces Grievance Process Ex Gratia Payments Order.

Lamer Report
The First Independent Review by the Right Honourable Antonio Lamer P.C., C.C., C.D. of the provisions and operation of Bill C-25, An Act to amend the National Defence Act. “Those responsible for organizing and administrating Canada’s military justice sy

Constitution Act
Constitution Act: Legal Rights Marginal note:Life, liberty and security of person 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justic

It's Your Move (Brookfield Global Relocation Services) 2010-11
These exerpts show the definition of community as communicated to the Canadian Forces, and to the Third Party Contractors (i.e. realtors who conduct the depressed market ananlysis of the community. Surely, this substantiates the term community as a town.

PERSPECTIVES from the Canadian Forces Grievance Board-May 2011
This decision is said to be based on an email notification provided by a staff officer at TB in May 2009 to the effect that there are no “depressed markets” in Canada. It was later explained to the Board that the matter had not been pursued “given o

Canadian Forces Grievance Board 2012 Annual Report
The Board firmly believes that something must be done to assist Canadian Forces members who have been affected by the Home Equity Assistance policy. The Board has suggested to the Chief of the Defence Staff that this significant issue requires a considere

Case # 2012-140
the CDS agreed with the Board that the situation incurred by CF members with the application of the current Home Equity Assistance (HEA) policy is egregious. Therefore, the CDS confirmed the Board’s systemic recommendation submitted in previous files o